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Immigration Detention : Law, History, Politics.
An examination and critique of the growth of mass administrative detention of immigrants, something contrary to the rule of law.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge :
Cambridge University Press,
2011.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; IMMIGRATION DETENTION LAW, HISTORY, POLITICS; Title; Copyright; CONTENTS; Acknowledgements; INTRODUCTION AND OVERVIEW: FREE MOVEMENT OF PERSONS AND LIBERTY OF THE PERSON; From free movement to border controls: the alien as liberal subject in the nineteenth century; The emergence and development of permanent immigration detention laws: from war powers to aliens powers; The modern era: normalizing administrative detention of unauthorized or deportable foreigners; Enemies or friends? The ambiguous contemporary moral and political status of foreigners.
- Constitutionalism and the problem of unauthorized personsThe absence of a modern international law and politics of migration; A residual role for international human rights: the inalienable rights of unauthorized persons?; Detained foreigners as enemies, criminals, emergency internees or outlaws; Detention centres as extra-legal spaces and virtual borders; Political and legal reasoning over membership within liberal societies: detention as the residue of arbitrary power; Democracy, security, detention and authorization; The rule of law and the limits of the aliens power: beyond authorization.
- 1 The creation of immigration detention: from free movement to regulated borders in America and the United KingdomAlien friends and alien enemies in the early modern period: libertarian equality and open borders; Early debates on expulsion and exclusion of aliens: habeas corpus, banishment and denial of asylum; The creation of alienage and establishing the border as a site of political control; United States of America: the evolution of immigration law and the status of aliens; The first federal powers over the reception and selection of immigrants.
- Selection and care: the inspections of immigrants on the East coast in the absence of detention centresThe Immigration Act 1891 and the creation of the detention centre as a legal exception; 'A wholesome reform': mandatory detention arrives; The limited duration of detention on the East coast; Avoiding detention: bonding as a flexible alternative; Chinese exclusion and the racist strand in immigration policy; Judicial control of detention and exclusion of Chinese on the West coast: the habeas corpus 'mill'
- The duration of detention of Chinese migrants: judicially created limitations on the use of the migration powerRemoving constitutional review of migration control measures: the Supreme Court and plenary power; Immigration detention: 'not imprisonment in a legal sense'; World War One and beyond: internal controls and public security detention; Undeportable aliens during World War One: release and reauthorization; Detention and the emerging problem of statelessness; Conclusions on early US detention practices; The emergence of immigration controls in the United Kingdom.